Santosh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20349 of 2022 In CRIMINAL MISCELLANEOUS No.17782 of 2020 Arising Out of PS. Case No.-82 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== 1.

SANTOSH KUMAR CHAUDHARY S/o Nakul Chaudhary Resident of Village- Shankarpur, P.S.- Haspura, District- Auranagabad (Bihar) 2.

Nakul Chaudhary S/o Late Ram Das Chaudhary Resident of VillageShankarpur, P.S.- Haspura, District- Auranagabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2022 Heard learned counsel for the parties.

The instant application has been filed for modification of the order dated 10.9.2020 passed in Cr. Misc. no. 17782 of 2020 with respect to petitioner no. 1 herein whereby while granting anticipatory bail to the petitioner by the said order in connection with Haspura P.S. Case no. 82 of 2019, the petitioner was directed to surrender in the learned court below within a period of eight weeks.

It is submitted by learned counsel for the petitioner that the instant application is confined to the petitioner no. 1 Santosh Kumar Chaudhary. For reasons beyond control of the petitioner no. 1, he could not surrender in the learned court

Patna High Court CR. MISC. No.20349 of 2022(4) dt.06-07-2022 2/2 below within the time fixed and as such this application. It is further stated that pursuant to the directions of this Court as contained in order dated 22.6.2022, cost of Rs. 10,000/- has been deposited on 27.6.2022 by the petitioner in the Patna High Court Legal Services Committee and receipt thereof has been brought on record.

Having heard learned counsel for the parties and taking into consideration the submissions made, the Court is of the opinion that the petitioner has made out a case for modification of the above order dated 10.9.2020. The order dated 10.9.2020 passed in Cr. Misc. no. 17782 of 2020 is modified to the extent that the time granted therein for the petitioner no. 1 Santosh Kumar Chaudhary to surrender in the learned court below is extended by a further period of four weeks from today.

The modification application stands allowed to the above extent.

(Partha Sarthy, J) Spd/- U